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46 BERTA ABREU FLORES v. NORTH HUDSON REGIONAL FIRE AND RESCUE -- rank: 705

... of substantiality and permanency of the Act’s verbal threshold, N.J.S.A. 59:9-2(d). Plaintiff appeals the dismissal, arguing the medical evidence reflects ... accident medical problems were substantial and permanent, as required by N.J.S.A. 59:9-2(d). The motion judge was furnished with the pertinent medical ... issued a written decision granting summary judgment to defendants under N.J.S.A. 59:9-2(d). Among other things, the judge concluded '[t]he medical ... plaintiff argues the motion judge erred in the application of N.J.S.A. 59:9-2(d). Plaintiff submits the record presents genuine issues of material ... of the TCA. The key provision of the Act here, N.J.S.A. 59:9-2(d), known as the TCA verbal threshold, imposes monetary and ... permanent loss of a bodily function, permanent disfigurement or dismemberment,' N.J.S.A. 59:9-2(d). Our case law has construed that provision to ...

docket:	a0009-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-27
status:	Unpublished
citation:
Document Size:	21917

47 Lynne Beauchamp v. Frank J. Amedio et al. -- rank: 705

... satisfy the permanency requirements necessary to recover non economic damages. N.J.S.A. 59:9-2(d).     Because her symptoms did not abate, Beauchamp continued to ... medical treatment expenses are in excess of $1,000.00.         [ N.J.S.A. 59:9-2].     Chapter Eight of the Act establishes the procedures by which ... to pain and suffering damages or permanent injury damages under N.J.S.A. 59:9-2(d).” Ohlweiler , supra , 290 N.J. Super. at 405. Fundamental ... to file a claim, tolled accrual. The permanency requirement of N.J.S.A. 59:9-2, which merely delimits what a plaintiff may recover as damages ...

docket:	a-26-99
court:	njsupreme
decided:	2000-06-08
status:
citation:	164 N.J. 111
Document Size:	34497

48 /usr/local/share/www/libweb/collections/courts/appellate/a1832-18.opn.html -- rank: 703

... plaintiff's argument that Brandy satisfied the threshold requirements of N.J.S.A. 59:9-2(d) to recover pain and suffering damages set forth in ...

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49 KAREN SMITH, Individually et al. v. FIREWORKS BY GIRONE, INC., and LEXINGTON INSURANCE COMPANY -- rank: 700

... The next day, Deptford filed a motion, purportedly pursuant to N.J.S.A. 59:9-2(e), to determine "whether or not [Girone's] security bond ...

docket:	a3312-01
court:	njappellate
decided:	2005-09-21
status:	published
citation:	380 N.J. Super. 273
Document Size:	138840

50 ROBERT DIMATTIES, JR v. SOMERDALE PARK SCHOOL -- rank: 695

... claims but is limited to pain and suffering damages). Specifically, N.J.S.A. 59:9-2(d) provides in relevant part: No damages shall be awarded ... TCA bars recovery for pain and suffering. Ibid. In considering N.J.S.A. 59:9-2(d), our Supreme Court has established a two-prong test ...

docket:	a3769-08
court:	NJ Superior Court Appellate Division
decided:	2010-04-08
status:	unpublished
citation:
Document Size:	46496

51 /usr/local/share/www/libweb/collections/courts/appellate/a4112-19.opn.html -- rank: 692

... physical symptoms to meet the requirements of the TCA. See N.J.S.A. 59:9-2(d) ('No damages shall be awarded against a public entity ...

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52 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 C.O., R.O., and G.M.O v. -- rank: 684

... Carolyn's claim of a permanent injury as required by N.J.S.A. 59:9-2, and by determining that Carolyn had not alleged, nor provided ... in willful misconduct as the means of avoiding application of N.J.S.A. 59:9-2. Plaintiffs appeal the October 9, 2015 order denying their motion ... district) and two public employees (Endee and Israel), relied on N.J.S.A. 59:9-2(d), which bars an award of damages for pain and ... must be deemed to have vaulted the obstacles imposed by N.J.S.A. 59:9-2(d). For this proposition, she relies on the reported trial ... permanent loss of a bodily function' within the meaning of N.J.S.A. 59:9-2(d)." Carolyn's urging of a presumption of compliance with ... See Collins , supra , 150 N.J. at 413 (recognizing that N.J.S.A. 59:9-2(d) was intended to "preclude recovery for pain and ...

docket:	a2617-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	28655

53 ZACHARY C. LEWIS v. CITY OF WILDWOOD -- rank: 684

... not significantly disfiguring, the TCA's limitation on judgment provision, N.J.S.A. 59:9-2(d), precluded him from recovering damages for pain and suffering ... 2. The TCA provision at issue in this appeal is N.J.S.A. 59:9-2(d), which states: No damages shall be awarded against a ... his medical insurer was less than $3600. The relevant statute, N.J.S.A. 59:9-2(d), includes as a prerequisite to a plaintiff recovering pain ... medical and dental treatment of the claimant for such injury . . . ." N.J.S.A. 59:9-2(d). The "reasonable value" of such services is generally understood ... of the covered injury."). The 1972 Task Force Comment to N.J.S.A. 59:9-2 explains that "(t)he limitation that pain and suffering may ...

docket:	a3523-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	28900

54 MONICA R. VARGAS-AGUACONDO v. DAVID W. ECKENRODE -- rank: 684

... as a 'permanent loss of bodily function' as required by N.J.S.A. 59:9-2(d)2 of the New Jersey Tort Claims Act (TCA ... the medical treatment expenses are in excess of $3,600.' N.J.S.A. 59:9-2(d). A-2260-20 2 intersection, the cars collided when ... a permanent substantial loss of a bodily function pursuant to N.J.S.A. 59:9-2(d). Defendants further argued that there was no objective evidence ... Plaintiff opposed the motion, contending she satisfied the requirements of N.J.S.A. 59:9-2(d) by submitting sufficient objective medical evidence of her injuries ... rendering his opinion, the judge relied upon the test applying N.J.S.A. 59:9-2(d) articulated in Gilhooley v. Cty. of Union, 164 N ... 20 9 evidence of a 'substantial' impairment to vault the N.J.S.A. 59:9-2(d) threshold. Gilhooley, 164 N.J. at 540. Whether ...

docket:	a2260-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-25
status:	Unpublished
citation:
Document Size:	24255

55 KERRY FLETCHER v. CAMDEN COUNTY PROSECUTOR'S OFFICE -- rank: 674

... argue that plaintiffs' claims fail to satisfy the terms of N.J.S.A. 59:9-2, the so-called verbal threshold provision. We address this issue ... injury and amount of expenses incurred to treat the injury. N.J.S.A. 59:9-2(d) provides: No damages shall be awarded against a public ... the scope of the TCA. Having failed to satisfy the N.J.S.A. 59:9-2 threshold, the motion judge properly granted summary judgment in favor ...

docket:	a0385-09
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	72619

56 /usr/local/share/www/libweb/collections/courts/appellate/a3822-12a5568-12.opn.html -- rank: 674

... 39:6A-9.1 is limited by the restrictions of N.J.S.A. 59:9-2(e) if the tortfeasor is a public entity or public ...

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court:	NJ Superior Court Law/Chancery Division
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57 KATHLEEN R. BISCHER v. CITY OF CAPE MAY -- rank: 669

... by a dangerous condition on public property are governed by N.J.S.A. 59:9-2. In addition to the other requirements of that statute, a ...

docket:	a2711-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	20423

58 PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY V. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND -- rank: 666

... by a claimant filing suit under the [Tort Claims Act]." N.J.S.A. 59:9-2 cmt. See also Prudential v. Travelers , supra , 264 N.J ...

docket:	a-98-94
court:	njsupreme
decided:	1995-05-25
status:
citation:	141 N.J. 235
Document Size:	36877

59 ELIZABETH TYMCZYSZYN v. COLUMBUS GARDENS HOBOKEN HOUSING AUTHORITY -- rank: 666

... plaintiff presented sufficient evidence to overcome the injury threshold under N.J.S.A. 59:9-2(d). 5 II A We begin our analysis by reaffirming ...

docket:	a3544-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-30
status:	published
citation:	422 N.J. Super. 253 27 A.3d 1253
Document Size:	35698

60 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 666

... plaintiff did not suffer injuries sufficient to warrant recovery under N.J.S.A. 59: 9-2(d). Plaintiff opposed the motion. Plaintiff argued that the motion ...

docket:	a4387-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	38102